(a) Physician or surgeon may disclose the results of a patient's confirmed positive HIV test to a person reasonably thought to be the patient's spouse, a person reasonably believed to be the patient's sexual partner, a person reasonably believed to have shared hypodermic needles with the patient, or to the local health officer. However, no identifying information about the individual may be disclosed, except as per 121022. (b) The physician/surgeon shall notify the patient of his intent to notify such persons of the results and attempt to obtain the patient's voluntary consent for disclosure.
Commencing July 1, 2009, or within one year of the establishment of a state electronic laboratory reporting system, whichever is later, a report of a reportable disease or condition generated by a laboratory shall be submitted electronically in a manner specified by the Department of Public Health. This electronic reporting requirement shall not apply to reports of HIV infections. The department shall allow laboratories that receive incomplete patient information to report the name of the provider who submitted the request to the local health officer.
The results from any test may be provided directly to the person requesting the test if the test concerned that person. These test results shall be clearly presented and indicate whether there is a need for referral to a physician and surgeon.
Owners and laboratory directors of all clinical laboratories shall preserve medical records and laboratory records, as defined in this section, for three years from the date of testing, examination, or purchase. Failure to retain records accordingly is cause of legal action. Information in these medical records shall be confidential, with certain exceptions.
Owners/directors of clinical labs shall preserve medical and lab records for at least 3 years. Information shall be confidential, disclosed only to authorized persons.
A pharmacist may perform a skin puncture during routine patient assessment or any other authorized procedure. A pharmacist that performs such procedures must report the results of a test to the patient and the physician designated by the patient.
Blood banks and plasma centers shall test the blood for viral hepatitis and HIV. If the blood bank or plasma center finds the presence of viral hepatitis, or an antigen thereof, in the blood tested, it shall report that finding with all necessary identifying information to the local health officer.
A physician, hospital, or other health care provider shall report all AIDS cases, HIV infections, and viral hepatitis infections to the local health officer with the information required, and within the timeframes established by the department.
Upon receipt of a report concerning any transfusion-associated hepatitis or transfusion-associated HIV or AIDS cases, the local health officer shall report this fact to the blood bank or plasma center that issued the blood or blood components. The blood bank shall investigate to determine the donor of the infectious blood.
